Historical Newspapers of South Carolina

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COUNTY CORRESPONDENCE. WEWSY LETTERS FROM OUR SPE? CIAL CORRESPONDENTS. mm of Interest From sll Pmrts of Ssjxnter and Adjoining Counties. NOTICE TO CORRESPONDENTS. Mall your letters so thst they win teach this office not Ister than Mon ?aj when Intended for Wednesday's paper and not later than Thursday Cor Saturday's Issue. This, of course, ?ppllss only to regular correspond? ence. In case of Items of unusual news Talus, send In Immediately by snail, telephone or telegraph. Such nswe stories are acceptable up to the ?lour of going to press. Wedneedsy's neper la printed Tuesdsy afternoon nnd Saturday's paper Friday after STATEBCRO. Stateburg. June 29.?Qjp last Tues? dsy afternoon Miss Leeste Mclnvalll and Rev. Mr. Zastrow were married at the home of the bride's parents. Mr. and Mrs. J. T. Mclnvalll. The wedding was pretty and simple; only the Immediate family anJ a few inti? mate friends were present. Miss Emma Frterson and Messrs. W. D. ar?d H. V. Frlerson spent Sun dsy at "Cherry Vale." Col. J. J. Dargan has been appoint? ed by Hon. J. E. Swearlngen to rep? resent the depsrtment of education at the American School Peace League, whir* neets In Roston, Mass. He will t npanied by his daughter, Miss Ti la, who is a member of the ttm ttM on education of the Na 'Iducational Association and Mr R M. Jenkins. Jr.. of St. Charles :i s been Invited to the Peace by Miss Fannie Fern An dr-->ra, the secretary. They will leave on J i rsday for an extended trip, visiting New York, Washlngtor and other points of Interest. Mr. and Mrs. Oeorge Murray and family of Oalveston, Texas, are visit? ing his sister, Mrs. Charlotte Nelson. Mr. Tsadon Pitts spent Saturday and Sunday with the Dargans. Prof. Ira W. Williams, of Colum? bia, spent several days last week in our midst. Miss Lottie Nelson has returned home from a visit to Sumter. Mr. R. M. Jenkins. Jr., of St. Charles, has been visiting at "Mars ton." P1NEWOOD. Flnewood. June 29.?Mr. A. L. Burkett died here last night at 9 o'clock, and will be buried this after? noon. (Wednesday) at 4:30 o'clock, at Calvary church. Mr. Burkett had been confined to his bed for about ten days with a severe case of pneu? monia. He was In the furniture, cof? fin, and casket business here for the past 12 years. The deceased was 5? years old. and leaves a wife, one son, and a married daughter, Mrs. Law? rence Rarwirk. to mourn his death, besides seores of friends throughout this section. The old colored man. who lived in the yard at "Mlllford." the old Man? ning mansion, died suddenly yester? day at 1 o'clock. Daddy Ben Pleas ants was his nams. _a_ PISGAH. Pisgah. June 30.?A few farmers have been putting soda around their old corn this week in the hope that a second life would get in it, with whst result remains to be seen. It Is In the "sere and yellow leaf" and looks as If Its life was in the past. About the only hope In the corn line f< r I epap is In the young T:orn. Cot? ton Is trying to do something but the general crop and outlook is one thst a man would not like to see when calling on his lady love. Some of the boys will have to hus? tle If they down Hugh Evan*; on corn. His Is the best I have seen this year. Some blackberries, plums and half ripe p ? ( h. ?< ?r.' here. The hoe-banes feel like John D. Rockefeller, inde? pendent of all people. Hands are hard to get and many people have grass to spar The ?ampalan meeting at Camden passed ..ff gnltQp, BlsasS maue the most IorIi il sp? ??. h. and Feathering ? got the m<?xt applause. ThI rei blew thstt atra trumpet and went ofl the stage. Duncan went for "The State and the Supreme Court. Said when h. get |g M.irlon he would fix them. Tft tfdntsj f'>r Lieutenant Governor made tln^ speeches on u high plane. In fact, the best of tht day. Cansler from Tlrzah. was the star actor. The old man with his cap on with "Cnnsler" In gold let? ters across It pranced In the lawyers' space, from side to side and got more applause than the whole crowd. They say he Is going to get a big vote In Kershaw for the people love foolish? ness In politics as the past has amply proven. Flnley, the congressman, petted the boys sll day and gave them pretty bouquests. He spoke of the work in < ongrevs tnd the ^vnt dlffi' ultle* the Democrats had in shaping legislation, but hope things would take a change In the near fu? ture for the good of all. He did not receive anv applMU***. itutler from Gaffney. his opponent Ii ;i tall, dig? nified man. just like all the Butlers? dignified in bearing and manner He went for the congressmen in a mild way. Said they would have their in? ning later on. As long as Finley has York OOUnt) solid behind him. be sits and laughs at the rest. Said Lever is one of the hardest workers in con? gress, but then Lever is not in Fin ley's way. Evans went for Lyon and put the attorney general in a hole by the use of the general statutes. Lyon was not present or there would have been some spice. If Evans is right and he seems to have proven his case by the law books. Lyon has transgressed his authority. He twitted the attor? ney general for not putting stripes on the grafters in six months as he said in his first canvass he would dc If elected Evans Is a lawyer and knows the difficulties of punishing a man when he has money. Look at Jones, of Union, who killed his wife, as a proof of this assertion. What do you think of two men who aspire to the high office of Governor, going about among men, patting and fondling them for votes. Such con? duct is beneath the dignity of the po? sition they aspire to. A man that has such a poor estimate of the intel? ligence of his fellow man as to think that a little taffy would turn a man'? opinion and make him vote for him wheteher he intended to or not, Is not fit to hold any office. I wonder if any man ever saw Wade Hampton do that or even heard of Grover Cleveland practicing such things. All lovers of right things have long seen how politics have degenerated from the high standard set up by their fathers, but it is in keeping with many things n this day and time. The Color of a Corporation. There are few more subtle refine? ments of law than that which makes of the corporation "An artificial being, invisible Intangible, and existing only In contemplation of law." In a case decided recently in West Virginia the defendant had sold the plaintiff a small building lot. one of a group which he owned. The sale had been made with a stipulation thst no land in the division should be sold to a colored person, so the buyer was high? ly Incensed when shortly afterward the remaining lots were all sold tc a corporation made up entirely of nt groes. A suit of breach of conditions was brought immediately, but the de? fendant Justified his action on the ground that the land had not been sold to a colored person, but to a cor? poration. His opponent, however, replied with the remarkable assertion that since a corporation was a person then if its members were all negroes it could with great propriety be called a color? ed person. It looked for a while as if this ar? gument might win the day until the defendant presented the following hypothetical case for the consideration of the court. "If the corporation had been com? posed half of white men and half of negroes, could it then have been con? sidered a mulatto?" The plaintiff lost his case.?Youth's Companion. An Add To Digestion. The Blanks had invited a guest to dinner. As the last course was reach? ed little Willie, who had been closely watching the guest almost continually during the meal, looked over at him once more and said. "You haven't changed a bit since you started eating, have you, Mr. Cur? tis?" "Why no." laughed the visitor. "Why do you ask that question?" "Because," blurted out Willie, con? fused by the pairs of eyes focused on him?"Because I heard pa say you'd make a big hog of yourself as soon as you got your eyes on this feed." Why He Couldn't Walk. Assistant Secretary Adee, of the De? partment of State, who has now gone to Europe on his annual tour awheel, came down to the ground floor of the State Department building at the close of business one afternoon not long ago and was getting out his bicycle pre? paratory to starting home, says The Wellington Times. He saw one of the officials of the department sitting In the hall. "Why don't you go home?" asked Mr. Adee. The oiTilral ex. laimed he had a Inm? fOOt and Srai waiting for | taxi cab. ' Ah. i ate." said Mr. Adee, "You've g'?t I.motor atazlc ablbus." Mo man I an |OM P/l * hi never had, ?Izaak Walton. Billy Wynne ?n old Bumter second ha as sain has been made acting man? agSf of the Bpartanburg team. Good Im k to Billy, A fool must now and then be rlpbt by chance.?Cooper. THE FINAL PRESENTMENT. GRAND JURY COMPLETES WORK FOR TERM. The Report of Insurance Commis? sioner McMaater on Edens* Bond? ing Matter Incorporated in Present - ment?Mr. Ellens Exonerated of Intentional Wrong l>oing?Liquor Law Quoted. To the Hon. R. W. Memmlnger, Pre? siding Judge: We, your Grand Jury, beg leave to submit this our second Presentment for the year 1910. We have passed upon all bills of Indictment handed us by the Solici? tor. We do not deem it necessary at this time to visit the alms house, jail, chaingang and the various county of? fices. We have heretofore called the at? tention of the court to the habit of the farmers on the several public roads throua.mut the county of plow? ing into said roads, we recommend that the County Board of Commis? sioners employ some one whose duty it will be to detect and bring to trial persons guilty of such trespass. In our Presentment at the Spring Term of the Court, upon information handed us, we reported that Mr. H. T. Edens was on approximately $36, 000 of bonds; we desire to modify that statement We find upon inves? tigation that the statement handed us was incorrect to some extent. This matter was referred to the Insurance Commissioner for his investigation, we submit herewith his report mark? ed "Exhibit A," and made a part of this Presentment. Said report will explain the whole matter. We desire to state that it was nev? er our intention to do Mr. Edens an injustice. Thinking it will be of interest to the public, we desire to incorporate in this Presentment the Act of the Legislature entitled "An Act to De? clare the Unlawful Sale, Barter, Ex? change, Storage and Keeping in Pos? session of Alcoholic Liquors a Com? mon Nuisance." "Section 1. Be It enacted by the General Assembly of the State of South Carolina, that the unlawful sale, barter, exchange, storage and keeping in possession in this State of any spiritous, malt, vinous, ferm? ented, brewed, (whether lager or rice beer) or other liquors and beverages, or any compound or mixture thereof which contains alcohol, and is used as a beverage, Is hereby declared a common nuisance. "Section 2. This Act shall go into effect immediately on its approval by the Governor. "Approved the 23rd day of Feb? ruary. 1910." Supervisor of Registration, Mr. T. S. DuBose, asks that the office of the Board of Registration be equipped with suitable furniture, etc. We ask that the County Commissioners take this matter up with Mr. DuBose. We desire to call the attention of the officers whose duty it is to en? force such laws to the fact that a great many automobile owners in this county have not complied with the Statute in reference to the registra? tion and numbering of their automo? biles. We think that this law should be enforced, and every automobile owner register and number his ma? chine. We desire to thank the Solicitor for his valuable advice to the Grand Jury. Thanking your Honor and the court officers for courtesies extended. Respectfully submitted, S. W. STUBBS, Foreman. June 30th, 1910. "EXHIEIT A." Office of the Insurance Commissioner. Columbia, S. C. May 26. 1910. In the matter of the Presentment of the Grand Jury for Sumter County, at the Spring Term of Court, 1910, as to the giving of bonds of surety? ship by Mr. H. T. Edens: I find that Mr. Edens was surety for persons accused of crimes as fol? lows: Of cases disposed of at the fall Term of Court, 1908, three persons, In the sum of $600.00. Of cases disposed of at the Spring Term, 1909, three persons n the sum of $900.00. Of cases disposed of at the Sum? mer Term, 1909, V elve persons, in the sum of $2800.00. Of eases disposed of at the Fall Term, 1909, fifteen persons, in the sum of $3700.00. At the opening of the Spring Term, 1910, twenty-seven cases. In the sum of $9000.00. In the hands of Magistrate Harby, not yet lodged with the Clerk rf Court, five cases. In the sum of $1. S00.00. In tWO other caets before Magis? trate Harby Mr. Edeni was surety, but In one of these the principal had been surrendered, nmi In the other the principal had died. There were ??<? outstanding bonds In the hand <?f the city Recorder, on which Mr, Bdeni was surety on May Mth, the date of the final examina? tion. 1 made no examination Into the validity or sufficiency of the bonds, as that is entirely within the province of the committing magistrate, whom I believe under the statute has full discretionary powers in such matters. I had previously notified Mr. Edens that if he wished to do the business of giving bonds of suretyship for profit he must comply with the insur? ance laws, deposit with me as Insur? ance Commissioner, a bond for $10, 000. or securities to that amount and pay the license fee. I have received assurances from him that if he continued such busi? ness he would comply with the laws. I have not instituted proceedings against Mr. Edens for the reason that I do not think that he has had such nocice as would clearly make him guilty even of an unintentional vio? lation of law, there being too great uncertainty as to the application of the insurance laws for a lawyer to determine them unhesitatingly, much less a layman. The Acts of 190S and 1909 made certain requirements of a surety com? pany, and while in other States the courts have held that such require? ments applied to the business, and not to the agency conducting it, and that the word, company, in such sta? tutes would include an individual, a partnership, or association as well as a corporation, yet in the absence of such judicial declaration in this State, a layman could not be expected to perceive such application, and I feel that an executive officer should be slow to attempt to extend his juris? diction to matters not more specific? ally Included within the statute. The Act of 1910, and which became effective about two months ago ex? tends the terms to "Any person, body politic or corporate, partnership or association who or which shall make negotiate or solicit within this State and contract of insurance or insur? ances, or shall do any business of in? surance of any kind." (Section 10). So I feel that clearly the business of giving surety bonds for profit whether done by an Individual, part? nership association or corporation would be subject to the provisions of the statute as now in force. I believe that the ends of justice will be attained by et vine this notice and of proceeding to enforce it in all cases hereafter. Respectfully submitted, F. H. McMASTER, Insurance Commissioner THE CLUBS PRESENTED. Grand Jury Makes Special Present mcnt Asking That Managers of Eagles and Elks Clubs Be Indict ed. To His Honor, Judge R. W. Memmin ger: Complaint having been made to this grand jury, upon investigation we desire to present J. Fred Wise for receiving and storing alcoholic liq uors on or about June 25th, 1910, in the City and County of Sumter in vio lation of law and Geo. E. Beaumont J. R. Bracey, J. K. Bradford, C. P Osteen, M. D.. W. Y. L Marshall, W A. Thompson, D. J. and B. K Drakeford, D. J. Auld, Walter Clark and Jake Singleton are material wit neseee to prove the same. We also present James Cork for re ceiving and storing alcoholic liquors on or about June 25th, 1910, in th City and County of Sumter in viola tion of law and J. H. Cunningham, K. Bradford, W. J. Seale. P. S. Fin E. W. Ware, E. Carson and Henry Sumter are material witness to pro> the same. We would request your Honor have the Solictor draw a bill at once so that the matter can be acted upon by us at this term of court. ? S. W. STUBBS, Foreman. STAY OF SENTENCE GRANTED Judge Memminger Signs Order Stay Ing Execution of Willie Bethune. From The Daily Item, June 28. Under the sentence imposed Judge Memminger at Manning o June 8th, Willie Bethune, convicted of murder was to have been hanged on Friday, July 1st, but today Judg Memminger signed the following o der staying the sentence: "Notice of appeal to the Suprem Court of this State from the judg mcnt in the flbove stated case, pro? nounced on Wednesday, the Sth day of June, 1910, in the Court of General Sessions for Clarendon County, South Carolina, having been duly given and service thereof accepted by the Soli? citor of the Third Circuit, ani the time within which to perfect the ap? peal to the Supreme Court in said rase not having yet expired, It is on motion of John H. Clifton, Esq., at? torney for defendant-appeilnnt, or? dered that the execution of the de? fendant-appellant heretofore assigned for Friday, July 1st. llHO, be and th' same Is hereby ordered stayed until the appeal in the above Stated case shall be finally disposed of, and that a copy of this Order be served upon the Sheriff of Clarendon Couniy, South Carolina." PROCCEDIXGS OF COURT. THals Are Moving Slowly But the Grand Jury Is Still Piling Up the True Bills. Prom The Daily Item, June 28. The court was engaged all of yes? terday afternoon on the case of the State vs. Carrie Smith, charged with grand larceny. The trial was resum? ed this morning and the jury retired about 11:30 and at 1 o'clock had not reached a verdict. Ransom Gadsden, a crippleg negro from Claremont section who was un? der indictment for selling liquor on two counts, entered a plea of guilty in both eases. He was sentenced to pay a fine of $200, or serve six months on chain gang or in the penitentiary in the first case, and in the second case the sentence was twelve months imprisonment. The next cas^ taken up was that of the State vs. J. A. Johnson, for sel? ling liquor. This is one of several cases against Johnson. The trial had not been ocncluded when court ad? journed for dinner. The grand jury reported on the following bills: The State vs. T. H. Cantey, selling liquor, true bill; The State vs. W. P. Kelly, selling liquor, true bill; The State vs. W. P. Kelly, selling liquor, true bill; The State vs. W. P. Kelly, selling liquor, true bill; The State vs. W. P. Kelly, selling liquor, true bill; The State vs. Hannah Taylor, selling liquor, true bill; The State vs Molly Pack, obtaining goods under false pretences, no bill; The State vs. J. A. Johnson, eel ling liquor, no bill; The State vs \ Johnson, selling liquor, true 'Hie State vs. Joe Olden, assauli and oattery, true bill. The State vs. W P. Kelly, selling liquor, true bil : The State vs. Geo. P. McKagen, Bailing liquor, true bill, The State vs. Geo. P. McKagen, sell? ing liquor, true bill; The State vs. Isaac Ballard, obtaining goods by false pretence, true bill, The State vs. Ollie H. McKagen, selling liquor, true bill; The State vs. Ollie H. McKagen, perjury, true bill; The State vs. W. P. Kelly, selling liquor, true bill; The State vs. W. P. Kelly, selling liquor, no bill, The State vs. J. D. Jenkins, murder, no bill. The case against Roland Williams, assault with intent to kill was con? tinued as were also seven cases against E. A. Jackson for forgery and obtaining goods by false pretence. The case against Alexander Couser, for murder, was continued pending ap? peal. The case against Eugenia Williams and Joe Willams. for assault and battery was continued. All cases on the contingent docket were con? tinued. An order was issued for a bench warrant for W. V. Wilson, who was yesterday convicted in his absence. An order was also issued to show cause why the bond of Wilson should not be estreated. The surety on the bond was H. T. Edens. Wilson left here last week for Rock Hill and there was no difficulty in locating him, a telegram to Rock Hill resulted in his arrest and he will be brought back to the city tonight or tomor? row. Prom The Daily Item, June 29. The court yesterday afternoon con? cluded the trial of J. A. Johnson, charged with selling liquor, the ver? dict being not guilty. The verdict m the case against Carrie Smith, grand larceny, was not guilty, after the jury had been out five or six hours. The next case taken up and dispos? ed of yesterday afternoon was that against Munson McLeod, selling li? quor. The verdict was not guilty. In both of these liquor cases the prose? cuting witnesses testified point blank to having purchased liquor from the accused, but the juries decided that the evidence was not strong enough to convict. At the afternoon session the grand jury asked for an order for warrants to search the Elks and Eagles Clubs The order was issued and a committee of the grand jury went before Magis? trate Harby and had the warrants issued. Chief of Police J. K. Brad? ford was deputized to make the searches. He went through both clubs and made a through inspection. He reported that he found liquors in both of the club rooms, but that, so far as he could see, it was not stored in violation of the law. This morning the first case to be taken up was the Florence bicycle case. The State vs. Charlie Hollin, Robert Wyatt and Richard V. Young, i onspiracy to commit larceny of bi? cycle and larceny of bicycle. Just be? fore the prisoners were arraigned It \\a> discovered that there was a defect in the manner in which the indictment was drawn. This indict? ment was thrown out and new Indict? ment was prepared by the Solicitor. When it was handed to the grand jury. Judge Memmlnger instructed the jury that, as the alleged crime was committed in Florence county, the case should be tried in that coun? ty and that they could return no bill. This was accordlnglngly done by the grand jury. All the other cases against these parties were con? tinued. Just before court took the noon ? 1 1 ?eoess the grand jury made a special presentment against the Elks and Eagles Clubs. It is given in another column. The docket shows the following ases: The State vs. J. A. Johnson, selling liquor; not guilty. The State vs. Munson McLeod, sell- j ing liquor; not guilty. The State vs. Charlie Graham, lar oeny of bicycle; on trial. % The State vs. Carrie Smith, grand \ larceny; not guilty. % The State vs. Muldrow Jacobs, alias George Muldrow, housebreaking and larceny; continued. The State vs. Carson Myers, dis? posing of property under lien; nol pros. j The State vs. Louis Montgomery. ' obtaining goods under false pretense; nol pros. The State vs. Daniel J. Glllis, as? sault and battery with intent to kill; continued under appeal. The State vs. R. M. Harwick, mur? der; continued under appeal. * The State vs. Isaac Price, murder, committed in Calhoun county, trans? ferred to Colhoun county. The State vs. Charlie Hollis, Rob? ert Wyatt and Richard Young, con? spiracy to commit larceny of bicycle and larceny of bicycle; nol pros for reason that there was defect in indict? ment and new bill given cut The State vs. Charlie Hollis, Robert Wyatt and Richard Young, conspir? acy to commit larceny of bicycle and larceny of bicycle; no bill. The State vs. Arthur Harvin, oh- j taining goods by false pretense; con- 1 tinued. The State vs. Bud Taylor, et al, con? spiracy and larceny; continued. The State vs. Charlie Hollis, et aL conspiracy and larceny; continued. The State vs. Bud Taylor et al. con? spiracy and larceny; continued. j The State vs. Bud Taylor, et al, " conspiracy and larcenv: continued. The State vs. Bud Taylor, conspir? acy and larceny; continued. The State vs. OUie H. McKagen. selling liquor; continued. The State vs. Moses James, selling liquor; continued. From The Daily Item, June 30. The trial of Charlie Graham, a young white man whose home is in the vicinity of Pinewood, on the charge of stealing a bicycle from < Mark Reynolds, Esq., was concluded yesterday afternoon with a verdict of guilty. This case was tried at the last term and a mistrial resulted. J As a result of the special preeent- ! ment of the grand jury directed atoq| the Elks and Eagles Clubs true bills A were returned against James Calk, chairman of the house committee of the Elks Club and J. Fred Wise, of the Eagles Club, the charge in each indictment being the accepting, re? ceiving and storing of liquor. Judge Memminger fixed the bond at $300 in t each case. Bonds were promptly fur? nished by both Messrs. Calk and Wise. This morning the grand jury made the general presentment for the term and was ercused. The case of the State vs. J. D. and . Charlie Jenkins for murder waa tak? en up. The case grew out of the kill? ing of a negro named Mitchell, who resisted arrest. In the affray Mag? istrate J. D. Jenkins was wounded. The trial of J. D. and Charlie Jen? kins was a mere form, as there was , no evidence save that they acted r in the discharge of duty as officers of the law when they attempted to ar? rest Mitchell and that the killing of Mitchell was justifiable homicide. A verdict of not guilty was directed. The next case taken up was one of those against W. P. Kelly for selling i liquor. Considerable time was taken up in the selection of the jury, every man drawn being put on his voir dire. The defendant exhausted his objec? tions before the jury was completed. Kelly is defended by J. BL Clifton, Esq., and L. D. Jennings is assisting the Solicitor in the prosecution. The record Is as follows: The State vs. Charlie Graham, lar? ceny of bicycle; guilty. The State vs. Munson McLeod, sell? ing liquor, nol pros. The State vs. James Calk, stonrg liquor, true bill, bond fixed at $300. The State vs. J. Fred Wise, storing liquor, true bill; bond fixed at $300. The State vs. Lucius Richardson,, larceny of bicycle. Plead guilty; 18 months on chaingang. T he State vs. Jam?s Hicks, house- j breaking and larceny, nlead -guilty; five years on chaingang. The State vs. J. D. Jenkins and Charhe Jenkins, murder: not guilty. All Working Together. They are going to have a Young Men's Christian Association building in Sumter costing $35,000. Among the enthusiastic workers to raise this fund and to contribute liberally are the .lews of that city. It is indeed :> splendid and a broad spirit when Jew and ('.entile work hand in hand i. r the common uplift. How much no>re beautiful is this exemplification of real relllgon, than the contempt? ible narrowness manifested by those who can see no good in others.?Man? ning Times.